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My neighbor is encroaching on land that is mine. The strip of land in question, part of his land, my entire parcel, and part of other neighbors land use to be owned by one couple prior to 1997... in 1997 land was split via different deeds to the way it is now. If the same couple owned the strip of land in question, as well as land on either side... would this defeat a possible adverse possession claim from my neighbor based on failing the exclusive use for 20 years requirement? If prior title owners to his property are now deceased (owners prior to 1997) would that defeat privity?

Asked on 7/15/09, 8:54 pm

1 Answer from Attorneys

Neither transfer of title nor death of an owner breaks an adverse possession claim. If the encroachment was known to the former property owner and became permissive because of that, you could argue that in defense to an a.p. claim.